Best Foods, Inc. v. United States

Donlon, Judge:

Plaintiff protests the exaction of a fee, at the rate of 2 cents per pound, laid on peanuts imported April 19, 1955, and prays that the sum thus exacted be refunded. This fee was in addition to regular duty on the imported peanuts at the rate of 7 cents per *306pound, charged under paragraph 759 of the Tariff Act of 1930. The suit before us has to do only with the fee. Plaintiff raises no issue as to the regular duty.

The fee in question was imposed pursuant to Presidential Proclamation No. 3084, dated March 9, 1955, T. D. 53755. This proclamation was issued under the purported…